Detroit Council votes not to vote on consent agreement amidst legal challenges

Jonathan Oosting | MLive.comDetroit City Council debates a proposed consent agreement on March 27, 2012.

The Detroit City Council has wrapped up a lengthy day of debate and analysis with a long-awaited roll call, voting not to vote on a consent agreement.

Deputy Mayor Kirk Lewis present council with what he called a final draft of a consent agreement negotiated with the state, and members Gary Brown and Ken Cockrel Jr. voted to move the resolution to the new business agenda for a potential vote.

Kwame Kenyatta refused to vote on the motion, Brenda Jones entered a vote of "none of the above" and all other members voted against it, citing lingering concerns over two ongoing legal battles involving the state and Public Act 4.

Council is expected to reconvene for a special session tomorrow evening, and President Charles Pugh told reporters "there will probably be a vote" at that time.

Michigan Gov. Rick Snyder has asked city leaders to approve an agreement by Thursday, his legal deadline to act on recommendations of a review team that spent 90 days studying Detroit's finances and found severe financial stress.

If no deal is in place by Thursday, Snyder could declare a financial emergency, prompting a week-long process that may lead to appointment of an emergency manager for the state's largest city.

While several members have suggested they would support a consent agreement in principal, today's discussion focused on lawsuits that may prohibit the signing and execution of a consent agreement if approved.

In one of those suits, Ingham County Circuit Court Judge Joyce Draganchuk granted a temporary restraining order preventing the state review team from meeting until April 11 in response to arguments that Public Act 4 only allows them to meet for 90 days, which have passed.

The review team, along with the city and state treasurer, is required to sign any consent agreement approved by council. Citing this fact, the State of Michigan today filed a motion for emergency appeal in hopes of obtaining a ruling by Wednesday at noon.

"The City of Detroit is facing the most significant financial crisis in its history," the state said in its request, "and the governor's review team is poised to debate whether the proper resolution to this crisis is the establishment of a consent agreement."

Corporation Counsel Krystal Crittendon and Mike McGee of Miller Canfield, who has been hired by the administration to review the agreement, answered council questions and informed members that none of the ongoing legal challenges would prevent a council vote.

However, McGee's own credentials became the focus of the discussion at one point when he disclosed that he played a role in authoring Public Act 4 for the state.

Member Brown defended McGee, arguing that the city was wise to hire an attorney with such deep understanding of the law, and he suggested that such debates are unnecessary distractions for council.

"All of the racial and social implications in this case are really taking us away from the main point," Brown said. "The main point is that the City of Detroit ... and the state negotiated a contract. All of the other issues with whatever the governor did with the review team, they'll be worked out in court."